Supreme Court (Practice and Procedure) Bill 2023 | |
---|---|
| |
Passed | 10 April 2023 |
Introduced by | Azam Nazeer Tarar |
The Supreme Court (Practice and Procedure) Bill 2023 was approved by the Parliament of Pakistan on 10 April 2023. The proposed law suggests that a panel formed by a Committee consisting of the most senior judges, led by the Chief Justice of Pakistan, will handle and conclude all cases, appeals, or issues presented before the Supreme Court. [1] The act was moved by Law Minister Azam Nazeer Tarar. [2]
On 29 March 2023, the legislation was approved by the National Assembly, bypassing a referral to the pertinent standing committee. This occurred one day after the Senate 's endorsement of the bill. President Arif Alvi sent the bill back to the Parliament twice, urging for a second evaluation. However, on 10 April 2023, the bill was successfully ratified once more, accompanied by specific modifications, amidst a boisterous demonstration by lawmakers affiliated with the PTI. [3]
The intent of the 2023 Act related to the Practices and Procedures of the Supreme Court is to delegate the authority for initiating suo motu actions to a committee composed of three distinguished judges, among them the chief justice. Additionally, the Act seeks to establish transparent protocols for hearings within the highest court and encompasses provisions for the exercise of the right to appeal. [4]
The legislation is currently under legal scrutiny and has been postponed indefinitely. [5] Justice Qazi Faez Isa, the most senior subordinate judge, expressed that he is unable to participate in a Supreme Court panel until a decision is rendered in the matter of the Supreme Court (Practice and Procedure) Bill 2023. [6] A fervent discussion has emerged among legal experts, political groups, and legal analysts regarding the legality of this recently passed law. [7]
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.
The Supreme Court of Canada is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions and bilingual, hearing cases in both official languages of Canada.
The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. The court was established in 1532 by an Act of the Parliament of Scotland, and was initially presided over by the Lord Chancellor of Scotland and had equal numbers of clergy and laity. The judges were all appointed from the King's Council. As of May 2017, the Lord President was Lord Carloway, who was appointed on 19 December 2015, and the Lord Justice Clerk was Lady Dorrian, who was appointed on 13 April 2016.
The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Court building in the Old Town in Edinburgh, or in dedicated buildings in Glasgow and Aberdeen. The High Court sometimes sits in various smaller towns in Scotland, where it uses the local sheriff court building. As an appeal court, the High Court sits only in Edinburgh. On one occasion the High Court of Justiciary sat outside Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial, as the Scottish Court in the Netherlands. At Zeist the High Court sat both as a trial court, and an appeal court for the initial appeal by Abdelbaset al-Megrahi.
The Supreme Court of Pakistan is the apex court in the judicial hierarchy of the Islamic Republic of Pakistan.
The court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. In the courts, the judiciary interpret and apply the law of Canada. Some of the courts are federal in nature, while others are provincial or territorial.
The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, and deciding on sentencing. The Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the supreme criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues.
The Supreme Court of the United Kingdom is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom's highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population.
Under the Constitution of Finland, everyone is entitled to have their case heard by a court or an authority appropriately and without undue delay. This is achieved through the judicial system of Finland.
The Supreme Court of Finland, located in Helsinki, is the court of last resort for cases within the private law of Finland. The Court's counterpart is the Supreme Administrative Court, which is the court of last resort for cases within the administrative law.
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. A supreme court can also, in certain circumstances, act as a court of original jurisdiction.
The judiciary of Pakistan is the national system of courts that maintains the law and order in the Islamic Republic of Pakistan. Pakistan uses a common law system, which was introduced during the colonial era, influenced by local medieval judicial systems based on religious and cultural practices. The Constitution of Pakistan lays down the fundamentals and working of the Pakistani judiciary.
The Federal Shariat Court (FSC) is a constitutional islamic religious court of the Islamic Republic of Pakistan, which has the power to examine and determine whether the laws of the country comply with Sharia law. The court was established in 1980 during the government of the President General Muhammad Zia-ul-Haq. It is located in the federal capital, Islamabad. It hears appeals under the Hudood Ordinances, a religious legislation in the country introduced in 1979.
R (Jackson) v Attorney General [2005] UKHL 56 is a House of Lords case noted for containing obiter comments by the judiciary acting in their official capacity suggesting that there may be limits to parliamentary sovereignty, the orthodox position being that it is unlimited in the United Kingdom.
Scots law is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Irish law, it is one of the three legal systems of the United Kingdom. Scots law recognises four sources of law: legislation, legal precedent, specific academic writings, and custom. Legislation affecting Scotland and Scots law is passed by the Scottish Parliament on all areas of devolved responsibility, and the United Kingdom Parliament on reserved matters. Some legislation passed by the pre-1707 Parliament of Scotland is still also valid.
Qazi Faez Isa is a Pakistani jurist who is currently serving as the 29th Chief Justice of Pakistan (CJP) since 17 September 2023. He was appointed as a justice of the Supreme Court in 2014, having previously served as the chief justice of Balochistan High Court from 2009 to 2014.
The Judiciary of Malawi is the branch of the Government of Malawi which interprets and applies the laws of Malawi to ensure equal justice under law and to provide a mechanism for dispute resolution. The legal system of Malawi is based on English law, modified since 1969. The Constitution defines the judiciary as a hierarchical system of courts, with the highest court being a Supreme Court of Appeal, together with a High Court and a number of magistrates' courts. Malawian judiciary has frequently demonstrated its independence in recent years. The Constitutional Court of Malawi nullified the 2019 election results, citing widespread irregularities. The Supreme Court upheld the verdict of the Constitutional Court. Five Constitutional Court judges who overturned the results of the 2019 election have been nominated by the UK thinktank Chatham House for the 2020 Chatham House Prize. Ultimately the judges went onto win the prize.
Syed Mansoor Ali Shah is a Pakistani jurist who is serving as a Judge of the Supreme Court of Pakistan. He formerly served as the 45th Chief Justice of the Lahore High Court.
Umar Ata Bandial is a Pakistani jurist who served as the 28th Chief Justice of Pakistan from February 2022 to September 2023. He was appointed as the Chief Justice after the approval by President Arif Alvi on 13 January 2022, after which he assumed his office on 2 February 2022 and retired on 16 September 2023.
Jawwad S. Khawaja v. Federation of Pakistan, PLD 2024 SC 337, is a landmark decision by the Supreme Court of Pakistan in which it was held that the Constitution of Pakistan does not allow for the court-martial of civilians.